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Weld County Question 1A: Amend charter to eliminate Weld County Council

Posted:
10/14/2017 12:30:00 AM MDT

What it asks: "A Proposal to Repeal Article XIII in its Entirety and Sections 14-7(2)(b), 16-10(11) and 16-10(12) of the Weld County Home Rule Charter, and to Repeal and Reenact Sections 3-8(4)(p), 3-9(1), 3-15(1), 6-1, 6-3, 6-5(4), 6-6(1), and 14-7(2)(a) of the Weld County Home Rule Charter, to Eliminate the Weld County Council and All References Thereto.

Shall Article XIII in its entirety and Sections 14-7(2)(b), 16-10(11), and 16-10(12) of the Weld County Home Rule Charter be repealed, and Sections 3-8(4)(p), 3-9(1), 3-15(1), 6-1, 6-3, 6-5(4), 6-6(1), and 14-7(2)(a) of the Weld County Home Rule Charter be repealed and reenacted, to eliminate the Weld County Council and all references thereto, thus reading as follows?

Section 3-8. - Powers and Duties.

(4) Without limiting the generality of the foregoing or diminishing the total authority and responsibility of the Board as herein provided, the powers and duties of the Board shall include duties and powers to:

(p) Provide for reimbursement of actual expenses of food, travel, and lodging necessary for performance of the duties of a County Commissioner, county officer, county employee, or member of an appointed board or commission.

Section 3-9. - Compensation.

(1) Compensation of members of the Board shall be fixed by the laws of the State of Colorado.

Section 3-15. - Vacancies.

(1) A vacancy in the office of County Commissioner shall be filled in accordance with the laws of the State of Colorado.

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Section 6-1.- Elective Officers.

The Elective Officers of the County of Weld, Colorado, shall be five County Commissioners; one County Clerk; one County Sheriff; one County Coroner; one County Treasurer; and one County Assessor. The salary or compensation, term of office and qualifications of such officers shall be as provided in this Charter. Notwithstanding the foregoing or any other provision of this Charter to the contrary, effective January 1, 2003, the Coroner shall be appointed and the office operated in accordance with the terms of Article IV §4.1(4) of this Charter. Such appointment shall be subject to the rules established in the personnel system described in Article IV §4-2B(2) of this Charter. Notwithstanding the foregoing or any other provision of this Charter to the contrary, effective January 1, 2003, the Treasurer shall be appointed and the office operated in accordance with the terms of Article IV §4.1(4) of this Charter. Such appointment shall be subject to the rules established in the personnel system described in Article IV §4-2B(2) of this Charter.

Section 6-3. - Vacancy.

Vacancies in elective offices, except County Commissioners, shall be filled by the Board as provided by this Charter.

Section 6-5. - Qualifications.

(4) Each county office shall be the primary employment of the officer during the term for which he is elected or appointed.

Section 6-6. - Compensation.

(1) Compensation of all elected officers shall be fixed by the laws of the State of Colorado.

ARTICLE XIII - COUNTY COUNCIL. - Repealed in its entirety.

Section 14-7. - Limitation on Annual Tax Levy.

(2) Increased levy; procedure.

(a) If the Board be of the opinion, the amount of tax limited by the preceding Section will be insufficient for the County needs for the current year, it may submit the question of an increased levy to the qualified electors of the County at a general or special election called for that purpose. However, no such excess levy shall be granted which will allow a greater revenue than would be produced by applying the previous year mill levy to the current year's assessed valuation.

(b) Repealed.

Section 16-10. - Definitions.

Unless the context otherwise requires, the words or phrases defined herein shall be given the meaning set forth in this Section.

(11) Council - Repealed.

(12) Councilman - Repealed."

What it means: The Weld County Council was formed as part of the Weld County Charter by a vote of the people in 1975. The five-member council essentially serves as an audit board to oversee county government and the board of commissioners and make written reports available to the public. If passed, 1A would eliminate the council and shift most of the council's duties to existing state law. The council's current duties include to set commissioner salaries, conduct performance studies, suspend commissioners who are indicted or subject to a valid recall and evaluate potential conflicts of interest.

What supporters say: Supporters, led by former Weld County Council members, say the body is partisan, slow to audit and generally useless. Dissolving the council would streamline county government and save tax money because the state is capable of carrying out many of the council's current duties.

What opponents say: Opponents say the county government and board of commissioners need rigorous oversight, since the state government would be limited in its scope because Weld County is a Home Rule County. Additionally, opponents have called the timing of this ballot measure suspicious. The council recently hired a third-party to audit the Weld County Clerk and Recorder's Office and the county commissioners in response to resident complaints about long wait times, according to The Greeley Tribune. The audit found that the office is severely understaffed in relation to other county clerk's offices.

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